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DR v GR

Jonathan Riley summarises a recent will dispute case and the lessons learned for practitioners

22 July 2013

In this case, DR v GR and Others (Financial Remedy: Variation of Overseas Trust), the wife applied for the variation of a post-nuptial settlement to recover money owed by her husband. The settlement was a discretionary Jersey trust with total assets worth over £2.5m.  The settlement owned a Liberian company, which owned a UK company, and these two UK companies owned two retirement villages in Lincoln and Gainsborough.

Each company had been joined to the proceedings. The issues for the court to consider were:

  • whether the structure of the settlement (with the trust and the retirement villages held via wholly owned companies) prevented the court ordering the disposal of the retirement villages
  • if trustees and/or underlying companies should be joined as a ...

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